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Law Cases
Contract Law Cases
Exclusion Clauses Cases

Thornton v Shoe Lane Parking [1971] 2 QB 163

Country:
United Kingdom
By Oxbridge Law Team
Lord Denning

  • Plaintiff drove into Defendant’s car park and parked.

  • There were clauses written on the back of the ticket, not capable of being viewed before entering the car park (and paying for a ticket), stating that the car park would not be liable for injury to users caused by Defendant.

  • Defendant’s negligence led to a car crash in which Plaintiff was injured and he sued Defendant.

  • CA allowed Plaintiff’s claim. 

Lord Denning

  • The contract has already been formed by the time that the tickets are dispensed so any terms written on them are meaningless.

  • The only way a Plaintiff could be bound, is if he knows, or Defendant gave reasonably sufficient notice, that the ticket would be issued subject to a certain type of condition e.g. “exemption condition” (simply stating “subject to conditions” is inadequate since Plaintiff might consider that these would be mere regulatory conditions). 

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